Commisso said the FCC could either limit the participation of networks in retrans negotiations, or, alternately, level the playing field by allowing smaller operators to designate larger ones to negotiate on their behalf, and not allow stations to refuse to negotiate with that designee.

Commisso took issue with Genachowski's suggestion to ACA that there were less retrans dispute, a sign that both sides were coming to the table--a cable source said that the chairman has indicated in conversations that he believed the FCC's opening of the retransmission consent rulemaking -- which has yet to be acted on -- has helped get both sides to do more deals without consumer-unfriendly blackouts.

"If only that were true," said Commisso. He said there had been 20 DMA's affected by service disruptions since the beginning of the year, and that did not count the "hundreds" of situations in which cable operators caved and paid "exorbitant" price increases rather than deny programming to their customers. "Millions of customers who live in smaller communities are being adversely impacted by [retransmission consent] on a daily basis," he said.